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U.S. Department of Health and Human Services

Inspections, Compliance, Enforcement, and Criminal Investigations

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McDowell Road Citgo & Gas 11/8/12

  

Department of Health and Human Services logoDepartment of Health and Human Services

Public Health Service
Food and Drug Administration
 Center for Tobacco Products
9200 Corporate Boulevard
Rockville, MD 20850-3229

 

WARNING LETTER

NOV 8, 2012

VIA UPS

McDowell Road Citgo & Gas
Attn: Site Manager
111 East McDowell Road
Jackson, MS  39204

Re:  FDA Warning Letter Regarding Tobacco Retailer Inspection Violation 
       Reference Number:  12MS003463

Dear Sir or Madam:

This Warning Letter is notification from the United States Food and Drug Administration (FDA) advising you that McDowell Road Citgo & Gas was observed to be in violation of federal tobacco laws and regulations.  Failure to correct these violations may lead to federal enforcement actions, including monetary penalties.  Your response is requested in 15 working days.

On August 6, 2012, an inspector representing the FDA completed an inspection of the establishment, located at 111 East McDowell Road, Jackson, MS  39204.  During this inspection the establishment was in violation because it offered individual cigarettes for sale.    

This inspection revealed that the establishment sells, distributes, advertises, and/or promotes cigarettes, cigarette tobacco, and/or smokeless tobacco, which requires that the establishment and its owners comply with federal laws and regulations governing such practices.  The violation observed during the August 6, 2012, inspection includes the following:

1. The establishment offered for sale individual cigarettes.  Specifically, the inspector observed the clerk sell a single cigarette to a customer.

A retailer must NOT sell individual cigarettes or a number of unpackaged cigarettes smaller than the minimum quantity of 20.  Doing so violates 21 C.F.R. § 1140.14(d).

The listed violation causes your cigarettes to be “misbranded” under 903 of the FD&C Act (21 U.S.C. § 387c). 

You should immediately correct the violation listed above.  Failure to correct the violation may result in FDA taking regulatory action without further notice.  These actions may include, but are not limited to, civil money penalty, no-tobacco-sale order, seizure, and/or injunction.

The violation indicated in this letter may not be a complete list of violations at the establishment.  The establishment must comply with all the applicable laws and regulations.  For more information on these requirements, helpful resources for retailers, a database of inspections, and free Break the Chain of Tobacco Addiction materials, visit our website at http://www.fda.gov/TobaccoProducts.   

You have 15 working days from the date you receive this letter to respond.  In your response, explain your plan for correcting the listed violation and preventing future violations.  Include a telephone number and address.  Note your reference number of 12MS003463 in your response and mail it to:

SP-WL Response
FDA Center for Tobacco Products
9200 Corporate Boulevard
c/o Document Control Center
Rockville, Maryland  20850

If you have any questions, contact Ms. Sashka Mannion at (301) 796-3010 or via email at Sashka.Mannion@fda.hhs.gov.  Have your reference number ready when you call and include it with any email communications.

Sincerely,

/S/

Ann Simoneau, J.D.
Director
Office of Compliance and Enforcement
Center for Tobacco Products

 

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